The plaintiffs in a civil suit for injunctions regarding trademark and copyright infringement sought permission to withdraw the suit. The court dismissed the suit as withdrawn.
Suit dismissed as withdrawn. No order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.09.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.11 of 2007 & O.A.Nos. 24 to 27 of 2007 and A.Nos.105,106 & 2815 of 2007
Vs.
This Civil Suit is preferred, under Order IV Rule 1 of OS Rules read with Order VII Rule 1 of C.P.C. and Section - 134 & 135 of the Trade Marks Act, 1999 and Section - 55 & 62 of the Copyright Act, 1957, seeking a permanent injunction restraining the Defendants above named by themselves, their servants or agents or anyone claiming through them from in any manner infringing the first plaintiff's well established trade mark labels as shown in annexure "A" by adopting and using the offending trade mark labels as filed in ANNEXURE "B" or any other trade mark or trade mark label, trade marks that are in any way similar or deceptively similar to that of the first plaintiff's celebrated trade mark label as filed in Annexure "A"; seeking a permanent injunction restraining the defendants by themselves, their servants or agents or anyone claiming through them from in any manner infringing the first plaintiff's copyright in the trade mark label as shown in annexure "A" by using the offending trade mark label as shown in annexure "B" or any other label or labels which are in any way reproduction of the first plaintiff's trade mark label as shown in annexure "A"; seeking a permanent injunction restraining the defendants by themselves, their servants or agents or anyone claiming through them from in any manner passing off their goods as that of the first plaintiff by using the offending trade mark and trading style as shown in annexure "A" or any other trade mark or labels which are similar or deceptively similar to that of the first plaintiff's trade mark label; seeking a permanent injunction restraining the defendants by themselves, their servants or agents
or anyone claiming through them from in any manner using the trade mark and trading style "Mohamed Idris Bros" with or without any suffix or prefix as now being used by the defendants 1 to 4 or any other trade name, trading style and trade mark which is similar to the trade name and trade name "Mohd. Idris Bros" of the first plaintiff; to direct the defendants to surrender to the first plaintiff the entire stock of unused offending labels together with the blocks and dyes, name boards, signboards etc. for destruction; to direct the defendants to render a true and faithful account of the profits earned by them through the sale of the offending textile products, lungies bearing the offending trade mark labels and directing payment of such profits to the first plaintiff and for costs.
For Plaintiffs : Mr.Prasana for M/s.A.P.R.Associates
For Defendants : Mr.Harishankar Mani (D1 to D7)
Mr.R.Parthasarathy (D8, D12, D13 & D18)
No Appearance (D9 to D11, D14 to D17 & D19 to D23)
JUDGMENT
Learned counsel for plaintiffs submits that he has instructions from plaintiffs to withdraw this suit.
Sd/Counsel for Plaintiff 14.09.2018"
14.09.2018
Speaking/Non-Speaking order Index : Yes/No gpa/kan
M.SUNDAR, J. gpa/kan
C.S.No.11 of 2007 & O.A.Nos. 24 to 27 of 2007 & A.Nos.105,106 & 2815 of 2007
14.09.2018
M/s.Mohamad Idris Bros.Pvt.Ltd. and others
Mohamad Idris Bros Sons Fabric Private Limited and others
M.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
